Legislative Update 1/30-2/5
Hello District 21!

Despite the snow and ice of last week, the House kept at its business all week and we wrapped up Week 4 of legislative session. Read on for big updates on two bills targeting LGBTQ Arkansans. (And spoiler: The news isn’t all bad!)
HB1156 – The School Bathroom Bill

I wrote last week about HB1156 ([link removed]) , which would ban Arkansas students from using a restroom, locker room, or sleeping quarters “that is designated for use by members of the opposite sex.” The bill has been amended since I wrote about it, and the punishment for a violation (after a finding by the State Board of Education) is now a minimum of a $1000 fine for the principal and the superintendent, as well as any other punishment the Board sees fit. As I said last week, this bill is mean-spirited, bizarrely intrusive, and poorly executed in terms of potential violations. It’s an extreme overreach of a state who has done enough to punish trans children.

Sadly, this bill made it through the House last week with 80 yes votes. If you’re interested in how each legislator voted, you can see a roster of the votes here ([link removed]) . House Minority Leader Tippi McCullough (D – Little Rock) made a powerful speech against the bill on the House floor. There are 18 Democrats and 82 Republicans in the House, and as Democrats in a super-minority, it can sometimes feel like we can’t do much. But we can. And one of the things we can do is leave a record of resistance. Rep. McCullough’s speech is a great example of that, and you can watch it here ([link removed]) .

The bill moves on to the Senate this week.

Rep. Tippi McCullough speaks against the school bathroom bill.

SB43 – The “Drag Performance” Bill

SB43 ([link removed]) began as what most knew as “the drag show bill.” In its original form, it set out to classify “drag performance” as an “adult-oriented business.” The original bill, as I wrote about here a few weeks ago, targeted a performer who “exhibits a gender identity that is different from the performer's gender assigned at birth.” The ramifications of this language were potentially far-reaching and undoubtedly very dangerous for drag performers, trans Arkansans, and the LGBTQ community as a whole. However, the bill has been significantly amended multiple times and now reads quite differently.

Most importantly, the version before us know has eliminated all mention of drag performances. What started as a bill explicitly aimed at drag performers (and titled as such), now includes no use of the word “drag.” As written now, the bill simply addresses performances that involve “nudity” or “semi-nudity.” It’s still a bad bill, because its language is unacceptably vague. There is no definition of “semi-nudity,” for instance. It also bans “the purposeful exposure, whether complete or partial, of a specific anatomical area,” with no more explanation of what “a specific anatomical area” is. I expect that the bill will be voted on by the House today. If it passes, it will have to go back to the Senate to be heard again, because it’s been amended since the time the Senate voted on it two weeks ago.

It’s a bad bill. It’s written poorly and almost comically vague. But the removal of all references to drag or gender identity is a BIG win. And it’s one that came about after we heard from YOU. So many groups organized and reached out to legislators and explained the harms (both intended and unintended) that the original language would have caused LGBTQ Arkansans. And the language was removed. You did that. Well done.


We've been told our teacher and staff pay raise bills won't be heard until the Governor's education bill is ready to be heard, too. We’re still awaiting that draft so I can't comment on it with too much precision yet, but if you think Arkansas educators deserve a raise, please keep calling and pushing your lawmakers to vote for HB1268 and SB149.

Of course I’ll update you as soon as we have the Governor's education and criminal justice reform bills, and have appreciated hearing your thoughts on the issues in the meantime.

As the journey of SB43 shows, your input matters. No matter how small our political minority, your stories make a difference. Your stories MADE a difference. Thank you. Keep going.

Love,
Nicole

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